Douglas A. Cotty 149 Cotty Rd. Brinson, Georgia 39825 January 7, 2016

U.S. Department ofTransportation Docket Management System 1200 NewJersey Ave., SE Washington DC 20590

Re: Exemption Request Pursuant to Section.333 ofthe FAA Reform Act and Part 11 ofthe Federal**---~tWtmOn ~gul~tions** **fforrr:···rlf'CArnsat5JJ~ftt1;·1trcPtf21S:23{oJ;"I~tF'Ft"oi:11'3{aT;1~~,mr~l1:7(a);r4~** CFR 91.9(b)(2); 14 CFR 91.103; 14 CFR 91.109; 14 CFR 91.119(c); 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203 (a) and (b); 14CFR 91.405 (a); 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a)(1) and (2); 14CFR 91.417(a) and (b).

Dear Sir or Madam:

Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (the "Reform Act") and 14 CFR Pat:t 11, Douglas A. Cotty, an operator ofSmall Unmanned Aircraft Systems ("sUAS"), hereby appliesfor an exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial o'peration'of'sU.AS,

### ~o long assuch. operations

### a're·c~nductedwithinand·underthe conditions outlined herein'oras my be ·esta.l:ilished 

## bythe 

# FAA as required by·sectlon 333·. ·. .
Commercial operation ofsUAS, as described herein,which are equipped with cameras and sensors, would operate in thefollowing manner:

1. Aerial video/photography or providing livevideofeed to assist Colquitt Miller Fire and Rescue Team with search and rescue operations in cases ofan emergency or natural disaster. 2. Research and development ofsearch and rescue and other payloads and systems. 3. Demonstrations ofs.UAS and associated payloads for sales/marketing purposes. 4. Aerial photography and/orvideo for public and/or private use including real estate, architecture,

### ~--land.surveying, engineering and·otherrelated pr:afes&ieA·a·liietivltlesw····"-· · 5. Aerial video and/or photographyfor public and/or privateuse including television, public events, cinematography and news gathering. 6. Aerial inspection/photography of residential/commercial structures under contract with the owners or local government authority

...

Asdesctibed·ttilly b'elo\v,the reque·sted

### ~xerriptib~ wo(fld permit'the

### open~tion ofsUASunder corittolled conditions irlthe NAS

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### e~)'limited b) controiled·c) predeterminecfand 

### d) will

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### ,,.,provide safety enhancements to the already safe operations in the industry presently using conventional aircraft. Approval ofthis exemption would thereby enhance safety and fulfill the Secretary of Transportation's (the FAA Administrator's) responsibilities to ' 1
••••establish requirements forthe safe operation ofsuch aircraft systems in the national airspace,system."

The name and address ofthe applicant is: Douglas A. Cofty 149 Cofty Rd. Brinson, Georgia 39825 Phone: 229"254"5116 Email: dacofty@gmail.com

Regulations from which the exemption is requested:**'~~~** ...**~----.....··....,.,--**

### ..**-.~· -~**  -**------·--·--·---~~ --~**  "........**""'.~~-_.,~~--...--~_;_~**...... _,,., ._..... ,. .,.. 14CFR Part 21 subpart H 14 CFR 45.23 (b) 14CFR 61.113 (a) 14 CFR 91.7 (a) 14 CFR 91.9 (b) {2) 14 CFR 91.103 14 CFR 91.109 14 CFR 91.119 (c) 14CFR 91.121 14 CFR 91.151 (a) 14 CFR 91.203 (a) 

### & (b) 14 CFR 91.405 (a) 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a) (2) 14 CFR 91.417 (a) 

### & (b)
MysUAS are 

### OJI Phantom 3 multi"rotorcrafts weighing no more than SSibs. including payload. They operate at speeds of no morethan 50kts and have the ability hover and move along a vertical and horizontal plane simultaneously. They will operate in line ofsight and will operate within a closed off and predetermined area owned and/ operated by the property representative. Given the small size of**~-the** sUAS.andthe-controUed-environment provided, 

### the proposedoperations·witt·adhere tothe Reform Act's safety requirements. The approval ofthis application presents no national security issues. Regarding the level ofsafety surrounding the proposed operations and the public benefit, reduction in environmental impacts, including but not limited to reduced emissions and noise, the grant ofthe requested exemption is in the public interest. Accordingly the applicant requests thatthe FAA grant the requested. exemption with minimum delay.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The operation limitations proposed for an equivalent or higher level ofsafety because operations will further enhance the safety ofthe persons and/or property using conventional aircraft. These limitations and conditions to which the applicant agrees to adhere to when conducting commercial operations underthe FAA issued exemption as setforth in the Flight Operations Manual (FOM) include:

### 1. Flight operations will be conducted in accordance tothe Academy of Model Aeronautics Safety Code which follows the FAA Modernization and Reform Act of2012 with regard to model aircraft operations and limits. 2. Flights will be operated within line ofsight ofa pilot and/or observer. 3. Minimum crew for each operation will consist ofthe sUAS Pilot, the Visual Observer (VO) and may include but not limited to a Camera Operator. 4. The sUAS pilot will be a designated Pilot in Command (PIC) and hold a private pilot's license and
astate driver's license. 5. A briefing will be performed regarding the planned sUAS operations priorto each day's flight consisting ofall the days' flight activities. 

### 6. The PIC and VO will have been trained in operation ofsUAS and receive up-to-date information forthe particular sUAS to be operated. 7. The PIC and VO will be able to communicate by voice, radio, and/ortext at all times.**~"''lfthestJAS'·Io~s communtea~rtn58''GPS~S1fn'!l;·trre']'tiPSWtttnave** 

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to a pre-determined location within a designated location and land autonomously. 9. The sUAS will have the capability to abort aflight in case of unpredicted obstacles, weather, or emergencies.

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements forthe issuance ofairworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets the requirements ofan equivalent level ofsafety under Part 11 and Section 333 ofthe Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 ofthe Reform Act both authorize the FAA to exempt aircraft from the requirement foran airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, and proximity to airports and populated areas ofthe particular sUAS. In all cases, an analysis ofthese criteria demonstrates thatthe sUAS operated without an airworthiness certificate, in the restricted environment and underthe conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate withoutthe restrictions and conditions proposed. The sUAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials orflammable liquid fuels, and operates exclusively within a secured and designated area. Unlike other civil aircraft, operations underthis exemption will be tightly controlled and monitored by**~· -·~---~"** **~. --~-~"** **~··"b.otb..tbe.o.perator** 

### and underthe requirements-anif·iiH;emt>JiattEe**with-loeal~public::·safety requiremen,t~;**  

### These safety enhancements provide agreater degree ofsafety tothe public and property owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. lastly, application ofthese same criteria demonstrates thatthere is no credible threat to national security posed bythe sUAS, due to its size, speed ofoperation, location ofoperation, Jack of explosive materials orflammable liquid fuels, and inabilityto carry asubstantial external load.

14 C.F.R. § 

### 45.23 (b.). Marking ofthe Aircraft

The regulation requires: When marks include onlythe Roman capital letter "N" and the registration number is displayed on limited, restricted or light-sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light-sport," "experimental," or "provisional," as applicable.Even though the sUAS will have no airworthiness certificate, ali exemption may be needed as the sUAS will have no entrance to thecabin, cockpit or pilot station on which the word "Experimental" can be placed. Given the size ofthe sUAS, two-inch letteringwill be impossible. The word "Experimental" will be placed on thefuselage in compliance with §45.29 

### (f). The equivalent level ofsafety will be provided by having the sUAS marked on its fuselage as required by §45.29 (f) where the pilot, observer and others working with the sUAS will see the identification ofthe sUAS as "Experimental."

14 C.F.R. § 61.113 (a): Private Pilot Privileges and Limitations: Pilot in Command.

Pursuant to 14 CFR 61.113 (a}, no person who holds a private pilot certificate may act as a pilot in command ofan aircraftthat is carrying passengers or propertyfor compensation or hire. Our sUAS do not carry any pilots or passengers nor.propertytherefore I am seeking an exemption to 14 CFR**~1.113(a).** Although helpful, a pilot's license will not**en~ure** remote control piloting skills.**T~e ~.isks**  . .. . . . . ... . . ·**a~ITBant** to'"the**operalimi"iffSS~esstf1anll1~sJrJeve1Si'filieferi'fln** tne

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.._,.., outlined in 14CFR 61. Ifeel the operation and limitations set forth in the FOM will equate to the safe operation ofthe sUAS.

14 C.F.R. §91.7(a): Civil Aircraft Airworthiness.

The regulation requires that no person may operate a civil aircraft unless itis in airworthy condition. As there will be no airworthiness certificate issued forthe aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size ofthe aircraft for maintenance and use ofsafety check lists priorto each flight an equivalent level ofsafety will be provided.

14 C.F.R. § 91.9 (b) {2): Civil Aircraft Flight Manual in the Aircraft.

Section 91.9 (b) (2) provides: No person may operate a

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...registered civil aircraft

... (2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 ofthis chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. The sUAS, given its size and configuration has no ability or place to carry such a flight manual on the aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry such an item on the aircraft. The equivalent level of safety will be maintained by keeping theflight manual atthe ground control point where the pilot flying the sUAS will have immediate access to it. 

## I4**c:F'J~:·§** 91.103: PreflightAction.

This regulation requires each pilot in command totake certain actions before flight to insure the safety offlight. As FAA approved rotorcraftflight manuals will not be provided forthe aircraft an exemption will be needed. The PIC will take all actions including reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation offlight.

14 C.F.R. §91.109: Flight Instruction.

Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon)that is being used forflight instruction unless that aircraft has fullyfunctioning dual controls. sUAS and remotely piloted aircraft, bytheir design do not havefullyfunctional dual controls. Flight control is accomplished through the use ofa control box that communicates with the aircraftvia radio communications. The FAA has approved exemptions forflight training withoutfullyfunctional dual

### controls for a number ofaircraft and for flight instruction in experimental aircraft. The equivalent level ofsafety provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by the size and speed ofthe aircraft. ·
14 C.F.R. §91.119: Minimum Safe Altitudes.
Section 91.119 establishes safe altitudes for operation ofcivil aircraft. As set forth herein, the sUAS will
never operate at higherthan 400 AGL with the exception that in circumstances where the sUAS is used to survey or photograph astructure whose height exceeds 400 feet AGL, the sUAS will not be operated
more than 100' above the highest point on the structure. Itwill however be operated in a restricted area with security perimeter, where buildings and people will not be exposed to operations without their pre-obtained consent. The equivalent level ofsafety will be achieved given the size, weight, speed ofthe sUAS as well as the location where it is operated. No flight will be taken without the permission ofthe**prep&R:·~q;;,wner or.""oca·l'"offiGial~,par:ec:Lto..fligb.t.ope,r;ati.ons.w.ith**  

### .aitcraft<or ro:taccraflweightiQgJar

.. more than the maximum 551bs. proposed herein and the lack offlammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft operating ator below 500 AGL. In addition, the low-altitude operations ofthe sUAS will ensure separation between these small- UAS operations and the operations ofconventional aircraft that must comply with Section 91.119.

14 C.F.R. §91.121 Altimeter Settings.

This regulation requires each person operating an aircraft to maintain cruising altitude by reference to
an altimeterthat is set "

...tothe elevation ofthe departure airport or an appropriate altimeter setting available before departure." As the sUAS may not have a barometric altimeter,.but instead aGPS altitude read out, an exemption may be needed. An equivalent level ofsafety will be achieved by the operator, pursuant tothe safety check list and live flight data monitoring, confirming the altitude ofthe launch site shown on the GPS altitude indicator before flight.

14 C.F.R. §91.151(a): Fuel Requirements for Flight in VFR Conditions
Section 91.151 (a) prohibits an individual from beginning "a flight in an airplane underVFR conditions unless (considering wind and forecast weather conditions) there is enough fuel toflytothe first point of intended landing, and, assuming normal cruising speed- (1) During the day, tofly afterthatfor at least 30 minutes; or (2) At night, tofly afterthat for at least 45 minutes." The battery powering the sUAS provides approximately 30 minutes of powered flight. To meet the 30 minute reserve requirement in 14 

### CFR §9L151, sUASflights would be**limitedtoapproXirria~ely.10** 

### minutes in.length. Given the**lill'li~a.ti~i')~** 

### on the sUAS's proposed flight area and the location ofits proposed operations within a predetermined area, a longertime frame forflight in daylight ortwilight VFR conditions is reasonable. Applicant believes that. an exemption from 14 CFR §91.151(a) falls within the scope ofprior exemptions. Operating the small UAS, in atightly controlled area where only people and property owners or official representatives who have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does not engenderthe type of risks that Section 91.151(a) was intended to alleviate given the size and speed ofthe small UAS. Additionally, limiting sUAS flightsto 10 minutes would greatly reduce the utilityfor which the exemption will be granted. Applicant believes that an equivalent level ofsafety can be achieved by limiting flights to 25% of battery**power~** 

### This restriction would be more than adequate to return the sUAS to its planned landing zone from anywhere in its limited operating area.
14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and RegistrationThe regulation provides in pertinent part: (a) Except as provided in§ 91.715, no person may operate a civil aircraft unless it has within itthefollowing: (1) An appropriate and current airworthiness certificate. (b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) ofthis section or a special flight authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. The sUAS fully loaded weighs no more than 5Sibs. and is operated without an onboard pilot. As such, there is no ability or place to carry certification .and registration documents orto displaythem on the sUAS. An equivalent level ofsafety will be achieved by keeping these documents atthe ground control pointwhere the pilotflying the sUAS will have immediate access to them, to the extentthey are applicable to the sUAS. 14 C.F.R. §91.405 (a); 407 (a) {1); 409 {a) (2); 417{a) 

### &{b): Maintenance Inspections. These regulations require that an aircraft operator or owner "shall have that aircraft inspected as prescribed in subpart Eofthis part and shall between required inspections, except as provided in paragraph {c) ofthis section, have discrepancies**repah~ed~.as-~prescri.bed·in,pan~4B** oftbis"enaf)term,!!.ar:ad.other-s shall·**inspeet~o.r~malnta·ifl,the"a+rcr.aft,,in·** compliance with Part 43. Given thatthese section and Part 43 apply onlyto aircraft with an airworthiness certificate, these sections will not applyto the applicant. Maintenance 

### will be accomplished by the operator pursuanttotheflight manual and operating handbook. An equivalent level ofsafety will be achieved because these small UASs are very limited in size and will carry a small payload and operate only in restricted areas for limited periods oftime. If mechanical issues arise the sUAS can land immediately and will be operatingfrom no higherthan 400 feet AGL. The operatorwill
ensure that the sUAS is in working order priorto initiatingflight, perform required maintenance, and keep a log ofany maintenance performed. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level ofsafety. An equivalent level ofsafetywill be achieved because maintenance and inspections will be performed in accordance with the sUAS Manufacturer's Manual, as referenced in the Aircraft Operations Manual {AOM). As provided in the FOM, the operatorwill ensure thatthe sUAS is in working order priorto initiatingflight and perform required maintenance needed.

Based upon recent rulings by the FAA concerning the 333 exemption I would ask thatthis request be issued underthe summary grant process as this application is similarto many before it.
Sincerely,

Current Director of Emergency Services, has over 24 years of Emergency Services experience ranging from search and rescue to Emergency Medical Services. Has over 15 years experience flying remote controlled aircraft. Currently exploring options for sport pilot license.